Improving Public Consultation Mechanisms (LT0035)

Brief description of the action

The action aims to facilitate and ensure the development of the co-creation process at national level.

Key challenge addressed

The action aims to address the lack of a functioning mechanism for civic engagement in decision- making and the lack of dialogue with the public. The Government’s Rules of Procedure, amended in 2022, sets out more detailed and thorough procedures for public consultation. Despite the regulatory changes, the implementation of the public consultation mechanism remains challenging in public sector institutions, highlighting either the insufficient time allocated for drafting legislation or the limited meaningful engagement of the public, as evidenced by their minimal input into the ultimate decision-making process. From 2018 to 2021, there was an annual average of 518 draft laws approved by the Government. However, in numerous instances, public authorities did not engage in consultations with the public regarding potential issues or solutions before embarking on the process of amending the legal framework.19 According to STRATA, consultation is particularly rare in legislative impact assessments. This results in a situation where legislative initiatives too seldom rely on factual information and data acquired through engagement with focus groups responsible for implementing and enforcing the legislation. Consultation practices at the drafting stage also suffer from deficiencies, primarily attributed to the frequently ad hoc and unplanned nature of the legislative process when evaluating the impact of draft legislation. In the majority of cases, the public is presented with a specific amendment to a legal regulation in the form of a draft law that has already been formulated, which, both in terms of its structure and content, is often challenging for the majority of the public to understand. Thus, while the legal framework is in place, the public consultation mechanism and other initiatives to involve the public in decision-making are difficult to implement in practice. This leads to a lack of quality in legislation and decision-making.

The root causes for the problem

Lack of consistency, creativity, and the efficiency in the process | It has been noted that some governmental institutions engage with the public but formally in decision-making: failing to actively attract a broader audience to consultations or present content in a comprehensible and engaging manner. The deficiency in the quality of consultations is exacerbated by the absence of preplanned public engagement, resulting in a lack of clear guidelines, quality criteria, or adequate time for such engagement. Furthermore, considering feedback from staff responsible for organizing consultation processes, the methodological tools previously developed for consultations and engagement are not user- friendly. A number of new good practices and methods of involvement have also emerged since the first methodological guidance for public consultation was drawn up. It is therefore important to update the guidance and make it practical.

Low level of competences | Public authorities lack the motivation and competences to organise successful public engagement activities in public governance decision-making processes. It is often difficult to find the right stakeholders or appropriate and innovative ways to engage people even in the case where there is a will to do so. It is also important to note the high turnover of staff in the public sector, which often makes investments in skills development unsustainable.

Lack of trust and engagement | Like many other nations, Lithuania is experiencing a decline in trust in the state, along with reduced confidence in key government institutions, and there is a perceived lack of power to make decisions.21 While the transparency and accessibility of information held by the public sector are increasing, some indicators however prevent us from concluding that Lithuania’s public governance has become sufficiently open, inclusive, and encouraging public participation in governance processes. According to the Lithuanian Corruption Map, only 11% of the population in Lithuania saw decision-making as open in 202222, and the civic power index in 2022 was only 35.9 out of a possible 100 points23. Which means that Lithuanian society is still relatively passive in civic engagement, it fails to utilise engagement opportunities, feels unable to influence decisions or get effective feedback. Accordingly, the indicator for citizen participation in public governance processes is still insufficient: 50% in 2019, (i.e. only about half of the population are aware of their opportunities and ways to participate in public governance). Challenges persist in effectively utilizing public participation outcomes when formulating and endorsing public governance decisions. Despite the potential for new technological solutions to rapidly, simply, and cost- effectively reach citizens and gather their input on pressing matters, Lithuania lacks a culture of public dialogue, which leads to underutilization of this opportunity.

Action description

Previous solution: Following the implementation of the OECD recommendations on the development of open government (2015), Lithuania has developed methodological tools for conducting public consultations, strengthened the competence of civil servants, and carried out targeted communication, including opportunities for the public to participate in decision-making. While this led to an increase in the number of public consultations carried out by ministries in the pre- pandemic period (around 300 per year), by 2020, the number of consultations had fallen sharply (62 consultations), and the level of maturity of consultations remained quite low. Following the identification of a potential gap in the legal framework for openness, amendments were made to the Government’s Rules of Procedure in 2022. It delineates instances requiring public consultation, defines the purposes for which information and data typically collected during consultations can be used, and elucidates the criteria for presenting the outcomes to decision-makers. Various co-creation practices have been tested, including Citizens' Council for the preparation of Lithuania’s vision for the future ‘Lithuania 2050’, which was based on the principles of deliberative democracy. Nevertheless, co-creation initiatives are quite rare in practice, and public sector staff still lack competences and best practice examples of engagement.

Planned solution/action: Solutions include activities that will aim to: 1. Establish a habit of public consultation and improve the quality of consultation through an incentive mechanism. 2. Enable the public sector to move towards a more parallel relationship with the public by introducing co-creation practices, improving communication and creating space for dialogue.

Dissemination of best practice in public engagement | Since best practices in public consultation and public engagement in decision-making is insufficient, the action will aim to promote the implementation of high-quality public consultations and other innovative public participation initiatives. This will be done through the following actions: • Building a library of best practices in co-creation and various engagement initiatives. A publicly accessible library will enable analysis of ongoing engagement projects, practices and best examples, according to the topic or issue at hand. • Organising best practice awards in co-creation, so as to also disseminate information on institutions that demonstrate quality promotion of collaborative mechanisms. The awards will also include various incentives (e.g., by mobilising international organisations and their support for the initiatives). • Creating a functioning network of cooperation where public sector staff can share best practices and discuss issues at stake. The network could also include representatives of civil society.

Building capabilities in co-creation and public consultation | To build the basis for dialogue between the public and the government, it is important that capabilities are regularly honed. To this end, the following activities should be implemented: • Updating methodological tools for the public sector. Ensuring user involvement in the creation process would result in user-friendly instructions for co-creation and public consultation. • Creating continuously updated learning channel for public sector representatives. These training resources would incorporate innovative processes and cutting-edge teaching methodologies.

Co-creation and public consultation pilot initiatives | These initiatives aim to practically implement and disseminate best practices, and promote process of learning by doing.

Improving the co-creation platform | Technological solutions are needed both for the public sector as the organiser of a public engagement initiative and for civil society as a user and a participant in the consultation. The aim is to ensure a continuous flow of information on ongoing consultations and similar initiatives.

Intended outcomes: This action aims to create a framework for quality cooperation between government and society through a co-creation and public consultation mechanism. The period of change is until 2026. • Increased public consultation maturity (by 2030, all ministries will have reached maturity level 1 or 2; by 2025, 10 ministries). • Public engagement in the initial phases of legislative processes, such as enhancing the percentage of publicly available consultations on the e.Citizen portal, where matters and potential solutions are discussed. • At least 4 projects on best co-creation and consultation practices implemented with the support of international organisations.

The role of the action in advancing openness

How will the action contribute to increasing transparency, accountability and public participation in decision- making? The action will make a major contribution to public engagement in decision-making, as it will aim to develop better and more open practices in the implementation of public consultations. The action will not only increase the number of public participation initiatives, but it will also improve their quality, thus increasing the impact of public engagement.

Action implementation plan (Implementation step | Expected practical outcome | End date | Stakeholders)

Dissemination of best practice in public engagement | 1. A library of best practices in various public engagement initiatives. 2. Best practice awards in co-creation (at least one). 3. An active and permanent network set up to share experience and best practice. | 1. Q3 2024 2. Q1 2025 3. Q4 2024 | Ministries, other public sector organisations, municipal administrations, the Association of Local Authorities in Lithuania, NGOs operating in the field of civil society

Building capabilities in co- creation and public consultation | 1. Updated methodological tools for organising public consultations. 2. Preparation of methodological tools for co-creation initiatives. 3. Creation of continuously updated learning channel for public sector representatives. | 1. Q2 2024 2. Q2 2024 3. Q2 2025 | Public sector employees

Co-creation and public consultation pilot initiatives | At least 4 projects on best co-creation and consultation practices implemented. | Q2 2025 | Ministries, other public sector organisations, municipal administrations, the Association of Local Authorities in Lithuania, NGOs operating in the field of civil society

Improving the co- creation platform | Upgraded platform for public consultations and co-creation initiatives. | Q2 2024 | Ministries, other public sector organisations, NGOs operating in the field of civil society

Action Plan Review

Commitment 3. Ensure the co-creation process at the national level